Last term, in U.S. ex rel. Polansky v. Exec. Health Res., Inc., three Justices noted that there are “substantial arguments” that the False Claims Act’s (FCA) qui tam provisions do not conform with Article II of the...more
Key Points -
Supreme Court eliminates FCA scienter defense based solely upon an objectively reasonable interpretation of ambiguous law when defendant has subjective knowledge that claim is false. Supreme Court ruled that...more
On June 16, 2016, Justice Thomas, writing for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar,examined the circumstances under which an “implied false certification” can trigger liability...more
If you read one thing...
- Learn what evidence the government or the relator must establish to prove that the defendant “recklessly” interpreted a statute or regulation in violation of the FCA.
- Understand...more